02-28-2005 Council Packet - Laserfiche WebLink

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r 1.7 Repair and Improvement . Medina and Orono have historically co-operated with one another on an infomial basis regarding maintenance of public improvements near their respective corporate limits and expect to do the same regarding the Local Improvements. At such time as it may become necessary to repair or improve the Local Improvements, it may be necessary or desirable to assess benefitted properties for the cost of some or all ol such repairs or improvements. Medina and Orono agree to co-operate with one another in formulating and implementing any plan for such repairs or improvements, including levying special assessments against benefited properties within both eities on an equitable basis. II. RIGHT OF ENTRY 2.1 Riaht of Entry . Orono hereby grants to Medina, its agents, employees, contractors and invitees the right to enter upon the Properly for the puqrose of making surveys, inspections, investigations, soil borings, drilling, and testing relative to con.struclion of the Local hnprovements, and for construction of the Local Improvements on poilions of the Property. 2.2 Consideration. In consideration for the right of entry, Medina agrees to: (a) Notify Orono of the date and time that work on the Property by Medina will conunence under this Agreement, which notice shall be at least tliree days prior to doing any work on the Property; (b) Provide a copy of all test results, surveys and reports prepared by their employees or consultants evaluating the conditions present on the Property to Orono as soon as reasonably possible following final completion thereof; (c) Do the work in a period of time no longer than is reasonably necessary to complete such activities authoiized under this Agreement; (d) Use the Property only for the purposes described herein and not park or store any equipment on the Property, except during the limited periods of time when the work on the Property which is contemplated by this Agreement is actually in progress; Do no unnecessary damage to the Property; (0 Hold Orono harmless from and indemnify it from any and all claims, damages, judgments or obligations, inehiding the cost of defense of suit, arising out of damage to Property or arising out of injury to anyone incurred or alleged to have been incurred in connection wiili or as a result of any work done pursuant to this Agreement, or as a result of Medina’s i.itenlional torts or negligence. Notwithstanding the foregoing, Medina shali not be responsible for the submission or application for further investigation or feasibility analysis of the jJioper methods of removal, treatment or disp«)sal of any pollutants, contaminants or ha/.ardous substances present on the Property, or for the removal, trcalmciU or di.spo.sal of any pollutants, contaminants or ha/urdous substances present on the Property, it being the sole responsibility of Orono or the underlying property owner to pcrfomi these tasks if ier|uired; KIV Ml 2.W) lU 1